Supreme Court News
In-depth reporting and commentary on the Court’s rulings and their influence on law, politics, and society.
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- Opinion
Podcast: The Legal Grounds on Which Jack Phillips Won Supreme Court Case
The Heritage Foundation’s Emilie Kao joins us to discuss the Supreme Court ruling Monday on the case of Jack Phillips, a Christian baker who refused to make a cake for a same-sex wedding. Plus: Bill Clinton gets defensive about Monica Lewinsky and the #MeToo movement.Katrina Trinko -
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Supreme Court Upholds Baker’s Right to Disagree With Gay Marriage in Marketplace
Monday’s 7-2 Supreme Court decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission is a big win for the religious liberty of all Americans. The court made it clear that hostility toward religion has no place in America, least of all in our government. At the center of Masterpiece Cakeshop is Jack Phillips, the Christian…Ryan T. Anderson -
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In Cake Case, 7 Supreme Court Justices Uphold Free Exercise of Religion
The U.S. Supreme Court ruled 7-2 Monday that a Colorado baker’s right to exercise his religion had been denied when a state agency penalized him for declining, based on his religious beliefs, to create a custom cake for a same-sex wedding. Justice Anthony Kennedy wrote the opinion, and even liberal Justices Stephen Breyer and Elena…Thomas Jipping -
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This Supreme Court Case Could Change Online Shopping Overnight
Online commerce as we know it could soon radically change. In a case it recently heard, the Supreme Court could eliminate the current requirement that a business have some physical connection with a state before the state can tax the business. If that were to happen, consumers would pay more for goods ordered online, small…Jonathon Hauenschild -
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No, 5 Men on the Supreme Court Did Not Just Decimate #MeToo
Last week, the Supreme Court released its opinions for Epic Systems Corp. v. Lewis, and the majority holding set off a firestorm of criticism from advocates for the #MeToo campaign against sexual assault and harassment. Some advocates went so far as to accuse five men (the case was decided by a 5-4 majority) of seriously…Amy Swearer -
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Supreme Court to Police: Get Off the People’s Lawn
This week, the Supreme Court held that the Fourth Amendment does not permit a police officer to enter uninvited onto someone’s driveway to search a parked vehicle, without first obtaining a warrant. That’s an important ruling, since no one wants police officers roaming across their private property searching for evidence of a crime. But Justice…Elizabeth Slattery -
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Supreme Court Rules for Federalism in Sports Betting Case
On Monday, the Supreme Court struck down a federal law that prevented states from legalizing sports betting in Murphy v. NCAA. The ruling struck a blow against federal overreach and restored to states the power to set their own policies related to gambling. The court ruled 7-2, with Justice Stephen Breyer joining all but one…Elizabeth Slattery -
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Supreme Court Hears Case on Internet Sales Tax
Should online retailers have to collect sales taxes for states? That’s the central question in South Dakota v. Wayfair, a case dealing with the state’s attempt to force out-of-state retailers to collect sales taxes when its residents make a purchase online. The Supreme Court heard oral argument this week about whether it should overturn Quill Corp….Elizabeth Slattery -
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3 Cases to Watch as the Supreme Court Begins to Wrap This Term
This week marks the start of the Supreme Court’s final oral argument sessions of the current term. The justices will hear arguments in several important cases, including challenges to the constitutionality of administrative law judges, state sales taxes for out-of-state online retailers, and the infamous Trump “travel ban,” making this month one to watch. South…Sarah Williams -
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How Local Right-to-Work Battles Could Land at Supreme Court
If a federal court strikes down a local right-to-work ordinance in Illinois, the case could move up to the Supreme Court, according to legal analysts who have argued in favor of similar initiatives in other parts of the country. That’s because a negative ruling from a three-judge panel of the 7th U.S. Circuit Court of…Kevin Mooney -
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Supreme Court Keeps Tax Code From Becoming a Dragnet
Here’s a win for limited government and the rule of law, tailor-made for tax season. In Marinello v. United States, a 7-to-2 majority of the Supreme Court limited the government’s sweeping interpretation of the tax code’s criminal catch-all provision, which prohibits “corruptly … endeavor[ing] to obstruct or impede the due administration” of the tax code….John-Michael Seibler -
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3 Supreme Court Cases to Watch This Month
The Supreme Court is back in session this week. The justices will hear oral arguments in cases dealing with free speech, political gerrymandering, and the rights of criminal defendants. Here are three cases to watch. 1. Can states force pro-life centers to advertise for abortions? On March 20, the court will hear arguments in NIFLA…Elizabeth Slattery -
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Union ‘Opt-Out’ Measures Could Dilute Supreme Court Ruling, Teachers Worry
Government workers who don’t want to join unions should be able to “opt in” rather than “opt out” of union fees that finance political activism, some California teachers argue. “Unions don’t want people to know how to opt out; they harass you and bully you once you do try,” @4kidsandcountry says. Unless the nation’s highest…Kevin Mooney -
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Supreme Court Hears Ban on Political T-Shirts at the Polls
When was the last time a T-shirt or button influenced the way you voted? Probably never—but the state of Minnesota thinks its citizens are much more impressionable, so it banned voters from wearing items that could be construed as “political” at polling places. In addition to prohibiting express advocacy on behalf of a political candidate…Elizabeth Slattery -
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Mandatory Union Fees Divide Demonstrators as Supreme Court Hears Arguments
Government employees who don’t support the political activism of union leaders should not be forced to fund that activism, said demonstrators who turned out Monday at the Supreme Court building to support a free speech challenge of government-imposed union mandates. As the Supreme Court held oral arguments inside, The Daily Signal spoke with supporters and…Kevin Mooney -
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6 Key Exchanges From Major Union Case at the Supreme Court
On Monday morning, the Supreme Court heard arguments in one of the most anticipated cases of the year, Janus v. American Federation of State, County, and Municipal Employees, Council 31. This case involves forcing public employees who opt out of union membership to pay a fee for the “fair share” of costs associated with collective…Elizabeth Slattery -
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The Supreme Court Just Issued Its Decision on Trump’s DACA Appeal
The U.S. Supreme Court Monday declined to review a lower court ruling requiring the federal government to continue administering the Deferred Action for Childhood Arrivals program. The decision is a blow to the Trump administration, which hopes to solidify its prerogative to revoke DACA as soon as possible. “It is assumed that the Court of Appeals will proceed…Kevin Daley -
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4 Cases to Watch at the Supreme Court This Month
The Supreme Court is scheduled to return to Washington next week after nearly a month off. The justices will hear a number of important oral arguments, including cases involving free speech, public employee unions, and digital privacy. Here are four cases to watch. Public Employee Unions and the First Amendment On Feb. 26, the Supreme…Elizabeth Slattery -
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Why the Supreme Court Shouldn’t Bow to Government Agencies
Many Americans would be surprised to learn that a series of Supreme Court decisions allow officials in administrative agencies—rather than judges—to have the final say in interpreting statutes and rules. Administrative agencies touch on nearly every aspect of Americans’ daily lives—from highways to electricity to health, and often with limited supervision from the other branches…Elizabeth Slattery -
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Supreme Court Tellingly Rejects Lower Court Roadblock to Elimination of DACA Program
On Dec. 20, in an unsigned, four-page opinion, the Supreme Court struck down a lower court order that severely burdened efforts by the Trump administration to end the Obama administration’s Deferred Action for Childhood Arrivals program, which has shielded certain younger illegal aliens from deportation. This is good news, a helpful sign that the Supreme…Alden Abbott